A Police Department be and the same is hereby established in and for the Borough of Berlin, in the County of Camden and State of New Jersey.
[Adopted 6-17-1968 by Ord. No. 68-3 as Ch. 12, Art. I of the 1968 Code]
[Amended 10-15-1979 by Ord. No. 79-20; 2-7-1994 by Ord. No. 94-1; 4-17-2012 by Ord. No. 2012-06A]
A.
The Police Department shall consist of the following positions:
(1)
Chief of Police.
(2)
One Acting Chief of Police, if necessary, in the absence of a Chief of Police, for a term not to exceed two years.
(3)
Not to exceed two Lieutenants.
[Amended 5-16-2019 by Ord. No. 2019-05]
(4)
One Acting Lieutenant, if necessary, in the absence of a Lieutenant, for a period not to exceed two years.
(5)
Not to exceed five Sergeants.
(6)
Not to exceed 14 patrolmen.
B.
General responsibilities of all Department members and employees. In addition to the specific responsibilities specified by rank, each member of the Police Department shall:
(1)
Uphold the Constitution and the laws of the United States, the Constitution and laws of the State of New Jersey, the ordinances of the Borough of Berlin, and the lawful orders of the Director of Public Safety.
(2)
Carry out the orders of the Chief of Police and of other superior officers, whether such orders are verbal or written.
(3)
Maintain order and preserve the peace, prevent crime, protect life and property and detect and arrest criminals.
(4)
Provide emergency services for sick and injured persons.
(5)
Recover missing property.
(6)
Regulate and control traffic.
(7)
Such other responsibilities and obligations as shall be periodically designated by the Chief of Police.
[Amended 10-15-1979 by Ord. No. 79-20]
Said Chief of Police, Police Lieutenant and Police Sergeants and policemen shall be appointed by the Mayor subject to the consent and approval of such appointments by the Borough Council.
[Amended 11-19-2007 by Ord. No. 2007-22]
The Mayor and Council are hereby designated as the appropriate authority pursuant to N.J.S.A. 40A:14-118. The Police Department of the Borough shall be under the control of the Mayor and Council. The Chief of Police shall report to the Mayor and Council. The Director of Public Safety shall act as the liaison between the Chief of Police and the Mayor and Council. The Chief of Police shall prepare a monthly report which shall be submitted to the Mayor and Council through the Director of Public Safety.
The members of said Police Department, including the Chief of Police and the Sergeant of Police, shall receive a salary of not less than $100 per year for their respective services. The Borough Council of the Borough of Berlin, however, may, by resolution or by appropriation in the annual budgets in and for said Borough, establish annual salaries or provide that said members may be paid on an hourly basis for services rendered, in the discretion of said Borough Council.[2]
[Added 4-18-1977 by Ord. No. 77-6; amended 8-28-2002 by Ord. No. 2002:10[1]; 9-9-2021 by Ord. No. 2021-13; 12-11-2025 by Ord. No. 2025-15]
Pursuant to the provisions of N.J.S.A. 40A:14-188, Mayor and Council have enacted and adopted Ordinance 2002:10, as amended from time to time, setting forth the Berlin Borough Police Department Rules and Regulations.[2] Each member of the Berlin Borough Police Department shall comply with the provisions of the Berlin Borough Police Department Rules and Regulations as established by Ordinance 2002:10 as may be amended by Mayor and Council.
[Added 11-19-2007 by Ord. No. 2007-22]
A.
The Chief of Police shall be the head of the Police Department and shall be responsible to the Mayor and Council as the appropriate authority for the efficiency and routine day-to-day operations of the Department. The Chief of Police shall be responsible to:
(1)
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
(2)
Have, exercise, and discharge the functions, powers and duties of the force;
(3)
Prescribe the duties and assignments of all subordinates and other personnel;
(4)
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and
(5)
Report monthly to the appropriate authority in such form as shall be prescribed by the Mayor and Council on the operation of the force during the preceding month, and make such other reports as may be requested by the appropriate authority.
B.
The control of the Police Department shall be vested in the Police Chief and the discipline of the members of the Department shall be governed by the rules and regulations of the Borough of Berlin Police Department. The Chief of Police shall enforce all rules and regulations of the Borough of Berlin Police Department and any general and special orders or instructions which he may, from time to time promulgate, provided that such general or special orders or instructions do not conflict with the rules and regulations adopted by the Mayor and Council.
C.
The Chief of Police shall recommend to the Mayor and Council, from time to time, the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
[Added 11-19-2007 by Ord. No. 2007-22]
Any officer or member of the Police Department shall be subject to reprimand, suspension from duty, reduction in rank, or dismissal, according to the nature or aggravation of his or her offense, for any violation of state statutes, ordinances, regulations, orders, resolutions, or rules.
[Added 4-10-2025 by Ord. No. 2025-06]
A.
There is hereby established the following classifications of special law enforcement officers: Class II and Class III.
B.
Class II officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer pursuant to the provisions of N.J.S.A. 40A:14-146.8 et seq.; the governing body may appoint II Class II special law enforcement officers.
C.
The Class II special law enforcement officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.
D.
The Class II special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the governing body for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the Borough of Berlin, and their powers and duties as determined pursuant to this article shall cease at the expiration of the term for which appointed.
E.
A Class II special law enforcement officer may not commence his/her duties prior to the successful completion of a training course approved by the Police Training Commission.
F.
Class II special law enforcement officer may carry a firearm only while engaged in the actual performance of the officer's official duties and when specifically authorized by the Chief of Police or, in the absence of the Chief, another chief law enforcement officer of the local unit to carry a firearm and provided that the officer has satisfactorily completed the basic firearms course required by the Police Training Commission for regular police officers and annual requalification examinations as required for permanent, regularly appointed full-time officers in the Borough of Berlin.
G.
Special law enforcement officers may be employed for not more than 20 hours per week, except that special law enforcement officers may be employed by the Borough of Berlin for those hours as the governing body may deem necessary during periods of emergency. The governing body may designate one special law enforcement officer to whom the limitations on hours of this article shall not be applicable.
H.
Special law enforcement officers may be employed only to assist the Berlin Police Department but may not be employed to replace or substitute for full-time, regular police officers or in any way diminish the number of full-time officers employed by the Borough of Berlin.
I.
Class III officers shall be authorized to exercise full powers and duties similar to those of a permanent regularly appointed full-time police officer. Class III officers are strictly limited to provide security while on school premises during hours when school is normally in session or when occupied by students or their teachers.
J.
Class III officers must be a retired police officer who has previously served as a duly qualified, fully trained, full-time officer in any municipality or county of this state, or as a member of the New Jersey State Police and must be living in New Jersey.
K.
Must be less than 65 years of age for appointment.
L.
Must pass a psychological examination.
M.
Must pass a medical examination.
N.
Must pass a drug test pursuant to Attorney General's Law Enforcement Drug Testing Policy.
O.
Must have passed background investigation.
P.
A new Class III officer's break in service may not exceed three years.
Q.
Complete SRO training within 12 months of being appointed.
R.
In accordance with and subject to the terms, conditions and limitations of statute and law, special law enforcement officers may be appointed and assigned to perform the duties and responsibilities of Class II and Class III special police officers. Class II and Class III special police officers shall be limited to such numbers as, from time to time, shall be authorized and funded by Township Committee; provided, however, in no event shall the number of Class II officers exceed that permitted by statute and law.
[Added 4-18-1977 by Ord. No. 77-6; amended 11-19-2007 by Ord. No. 2007-22]
All charges brought against members of the Police Department that may result in a suspension, removal, fine or reduction in rank shall be reviewed initially at an investigative conference conducted by the Chief of Police.
A.
If as a result of the investigative conference the Chief of Police determines that disciplinary action is appropriate, other than a written reprimand, the Chief shall serve the individual with written notice of the charges against him/her and the disciplinary action that may be imposed. The notice shall also designate a hearing on the charges before the governing body, or a hearing officer designated by the governing body, which hearing shall be not less than 10 nor more than 30 days from the date of service of the complaint. The individual charged may be represented by counsel at the hearing.
B.
The hearing shall be conducted by the governing body, or a hearing officer designated by the governing body, in accordance with due process of law, to examine whether or not there has been a violation of any state statutes, ordinances, rules, regulations, orders, or resolutions of the governing body or Police Department. The governing body, or a hearing officer designated by the governing body, may impose penalties as it deems appropriate as may be warranted by the character of the offense.
C.
The governing body, or a hearing officer designated by the governing body, shall make a final disposition of the charges against the individual and shall furnish the individual with a written notice setting forth its finding and the discipline imposed against the individual within 10 days of the date of the hearing.
D.
An individual who has been found guilty of any charge or charges pursuant to this section may appeal said finding to the Superior Court. A notice of appeal shall be filed with the Clerk of the governing body within 10 days after the individual has received written notice of the conviction.